Mobley v. State
District Court of Appeal of Florida
1Opinion of the Court
STRINGER, Judge.
Euryia Mobley challenges his conviction and sentence for robbery. He contends the trial court erred by refusing to strike a venire person for cause and further erred by denying his subsequent request for an additional peremptory challenge. We agree and remand for a new trial.
The competency of a juror presents a mixed question of law and fact, the resolution of which is within the trial court’s discretion and will not be disturbed on appeal without a showing of manifest error. See Smith v. State, 699 So.2d 629, 636 (Fla.1997); Wells v. State, 766 So.2d 1129 (Fla. 2d DCA 2000).…
2Cases cited3 opinions
- Trotter v. StateSupreme Court of Florida · 1990
- Bryant v. StateSupreme Court of Florida · 1995
- Wells v. StateDistrict Court of Appeal of Florida · 2000
3Cited by1 opinion
- Busby v. StateSupreme Court of Florida · 2005